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Real Estate Investment Agreement for Switzerland

Real Estate Investment Agreement Template for Switzerland

A comprehensive legal agreement governed by Swiss law that establishes the terms and conditions for real estate investment transactions in Switzerland. This document addresses key aspects including investment structure, property rights, payment terms, and regulatory compliance, particularly with Swiss real estate laws including Lex Koller for foreign investments. It incorporates cantonal requirements and federal regulations, ensuring proper documentation of property transfer, investment terms, management rights, and return distribution mechanisms while maintaining compliance with Swiss banking and anti-money laundering regulations.

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What is a Real Estate Investment Agreement?

The Real Estate Investment Agreement is a crucial document used in Swiss property transactions to formalize investment arrangements between parties investing in Swiss real estate assets. This agreement is particularly important given Switzerland's complex regulatory environment, including federal and cantonal laws, and specific requirements for foreign investors under Lex Koller. The document is typically used when establishing new real estate investments, whether direct property acquisitions or structured investment vehicles, and includes comprehensive provisions for investment structure, property management, return distribution, and regulatory compliance. It's essential for both domestic and cross-border transactions, requiring careful consideration of Swiss banking regulations, anti-money laundering rules, and property transfer laws.

What sections should be included in a Real Estate Investment Agreement?

1. Parties: Identification of all parties involved, including investors, property owners, and any intermediaries

2. Background: Context of the investment, including property details and investment objectives

3. Definitions: Key terms used throughout the agreement

4. Investment Structure: Details of the investment arrangement, including ownership structure and investment amount

5. Property Details: Specific information about the real estate asset(s)

6. Purchase Price and Payment Terms: Investment amount, payment schedule, and related financial terms

7. Representations and Warranties: Statements of fact and assurances from all parties

8. Due Diligence: Requirements and processes for property and investment verification

9. Closing Conditions: Prerequisites for completing the investment transaction

10. Management and Control: Decision-making rights and property management arrangements

11. Distribution of Returns: Profit sharing and distribution mechanisms

12. Regulatory Compliance: Compliance with Swiss laws, including Lex Koller and anti-money laundering regulations

13. Term and Termination: Duration of the agreement and termination provisions

14. Governing Law and Jurisdiction: Confirmation of Swiss law application and dispute resolution mechanisms

What sections are optional to include in a Real Estate Investment Agreement?

1. Foreign Investment Provisions: Required when non-Swiss investors are involved, detailing compliance with Lex Koller

2. Development Rights: Included when the investment involves property development or renovation

3. Environmental Provisions: Required when environmental issues or sustainability requirements are relevant

4. Property Management Agreement: Included when specific property management arrangements are part of the investment

5. Exit Mechanisms: Details of investment exit options, included for fixed-term investments

6. Co-Investment Rights: Required when multiple investors have rights to participate in future investments

7. Tax Structure: Detailed tax arrangements, included for complex investment structures

What schedules should be included in a Real Estate Investment Agreement?

1. Property Description Schedule: Detailed description of the property, including land registry details and physical characteristics

2. Due Diligence Reports: Technical, legal, and financial due diligence findings

3. Financial Model: Investment projections and financial calculations

4. Payment Schedule: Detailed breakdown of payment terms and dates

5. Management Structure: Organizational chart and management responsibilities

6. Required Permits: Copies or details of necessary permits and authorizations

7. Insurance Requirements: Details of required insurance coverage

8. Form of Transfer Deed: Template for property transfer documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Switzerland

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions













































Clauses



































Relevant Industries

Real Estate

Banking & Financial Services

Investment Management

Property Development

Construction

Hospitality

Retail

Industrial & Logistics

Healthcare

Commercial Property

Relevant Teams

Legal

Real Estate

Investment

Compliance

Finance

Risk Management

Property Management

Asset Management

Business Development

Due Diligence

Relevant Roles

Real Estate Investment Manager

Property Development Director

Legal Counsel

Investment Banker

Asset Manager

Chief Investment Officer

Real Estate Fund Manager

Property Portfolio Manager

Compliance Officer

Finance Director

Development Manager

Acquisitions Manager

Real Estate Analyst

Investment Committee Member

Risk Manager

Industries









Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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